Illinois Discrimination Poster Updated to Include Service members

2019 is approaching fast and with it many updates to your required labor posters and employee notices. The Land of Lincoln, Illinois, is no different. Effective January 1, 2019 the Illinois Service Member Employment and Reemployment Rights Act (ISERRA) goes into effect. A lot of the protections for service members are already in force in other individual laws, so you may already be familiar with some of the rules, but ISERRA seeks to streamline them all in one place.
Important to note before we jump into what Illinois employers need to know about the new ISERRA law is the one related law that this act DOES NOT effect: The Illinois Military Family Military Leave Act. The IMFMLA provides family members of a service member with up to 15 or up to 30 days of unpaid leave (dependent on employer size), when that service member is called to their military duty for more than 30 days.
ISERRA is largely similar to the federal Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA)USERRA, but there are differences to note. Following is a summary of the expanded protections the Illinois statute offers.
“Military Service” is expanded to include:
• Service in a federally recognized auxiliary of the United States Armed Forces when called up to support authorities in the case of emergencies
• Service covered by the Illinois State Guard Act
• Any period where service members are away from work due to medical or dental treatment related to a condition sustained during active service.
There IS a required posting component of the law available from the Illinois Attorney General. ISERRA applies to essentially ALL Illinois employers regardless of size. The notice must be posted where other employee notices are and we encourage you to update your policies and procedures in accordance with this new law.